DWAI First Offense

The following chart depicts penalties you may be facing if you have been charged with DWAI in Colorado and have no other alcohol- or drug-related driving offenses on your criminal record:





2 days jail

180 days jail




Community Service

24 hours

48 hours


0 years

2 years


The penalties for a first offense DWAI  are similar to DUI. The judge can order all of the probationary requirements as with a DUI, including monitored sobriety.

The mandatory jail sentence may be suspended, in which case you will be ordered to undergo an alcohol and drug evaluation. Depending on the results of this evaluation, you may be ordered to attend alcohol or drug education classes or therapy. If you fail to complete the ordered classes or therapy, the judge can reinstate your jail sentence.

There are limited driver’s license consequences for a first-offense DWAI; however, depending on the circumstances of your case and the status of your driving record, you could be facing up to a one-year driver’s license suspension based on points accumulated against your driving record. Additionally, a conviction for DWAI will result in a Habitual Traffic Offender strike against your driving history. Therefore, it is imperative that you contact an experienced DUI defense attorney who can help determine what Colorado or out-of-state driver’s license consequences you may be facing.